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BELA M. TRIVEDI, PRASANNA B. VARALE
In Re : Alarming Rise In The Number Of Reported Child Rape Incidents – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. court's initiation of pocso proceedings. (Para 1) |
| 2. establishment of exclusive pocso courts. (Para 2 , 3) |
| 3. concerns about forensic support and trial timelines. (Para 4 , 5 , 6) |
| 4. conclusion and closure of proceedings. (Para 7 , 8) |
JUDGMENT :
BELA M. TRIVEDI, J.
1. This Court vide the order dated 12.07.2019 had directed the Registry to register a Suo Moto Writ Petition under the caption “In Re Alarming rise in the number of reported child rape incidents,” and requested the Learned Senior Counsel Mr. V. Giri to assist the Court in formulating the directions that may be required to be issued. The said cognizance was taken by the Court in view of the various news reports with regard to the increase of child rape cases in India. Accordingly, the Court after hearing the
Learned Amicus Curiae Mr. V. Giri, the Solicitor General Mr. Tushar Mehta and the Registrar Mr. Rathi, on the timely completion of investigations and consequential Trials of the offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) gave certain directions vide the Order dated 25.07.2019. The said directions are reproduced hereinbelow: -
“Having considered the matter, we h
Court mandates the establishment of exclusive POCSO Courts and improved forensic facilities to address delays in child sexual abuse cases, emphasizing adherence to statutory timelines for trials.
The court mandates the prompt establishment of Special Courts and legal provisions under the POCSO Act to ensure the timely and sensitive handling of child sexual abuse cases.
(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a ....
Point of law: POCSO Act – To appoint competent Special Public Prosecutors exclusively attached to the Special Courts dealing with matters under the POCSO Act, so that the time-frame under Section 35 ....
The Special Court has the authority to direct police to register an F.I.R. under the POCSO Act, and such directions, despite procedural flaws, do not constitute illegality.
The main legal point established in the judgment is the entitlement of the child to legal representation, participation in proceedings, and the mandatory presence of the informant or authorized perso....
POCSO Cases – There is no bar for Special Judge to forward complaint to Police official to register case and to investigate the matter – Offences under POCSO Act are cognizable offence and police sho....
In crimes against children, true justice is achieved not merely by nabbing culprit and bringing him to justice, or severity of punishment meted out but support, care and security to victim.
The court established that the rights of children residing with incarcerated parents must be prioritized, mandating educational and developmental support systems to mitigate the adverse effects of im....
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